Mandatory reporting of child sex abuse might have ‘little or no consequence’

A lack of repercussions for people who fail to report such "horrific crimes" could lead to proposed new legislation proving "ineffective," the chairman of the Joint Committee on Human Rights said.

A mandatory duty to report child sexual abuse would be established as part of the Crime and Policing Bill, which is currently making its way through the House of Lords.

The committee said such a duty – which was one of the key recommendations to come from the Independent Inquiry into Child Sexual Abuse – is welcome, and described it as "an important step forward for protection of children’s human rights."

In its current form, the Bill would not make it a criminal offence for a person to fail to meet the duty, instead the person risks being barred from working with children.

The committee’s report noted "understandable" concerns about making a failure to comply a criminal offence, referring to a Government concern that a criminal sanction "may inadvertently create a chilling effect on those who wish to volunteer with children or enter certain professions."

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But the MPs warned that "the narrow scope of the duty and lack of repercussions for failing to comply with it could undermine its effectiveness."

They said: "While concerns about making a failure to comply with the duty to report a criminal offence are understandable, the alternative proposed in the Bill risks a failure to comply having little or no consequence. This could undermine the efficacy of the duty to report."

It recommended the Government review the impact of the mandatory reporting duty once it is in place, "with a view to expanding its scope if necessary" and "reconsider the consequence of failing to carry out the duty to report child sexual abuse to ensure it operates as an effective deterrent."

MPs warned there should not be a reliance on referrals being made by employers, managers or personnel providers "who may also be under pressure to protect reputation."

Committee chairman Lord Alton said there is a concern that the mandatory reporting of child sexual abuse "may need to go further."

He added: "Without repercussions for those who fail to do their duty and report these horrific crimes it may prove ineffective. If it fails to deliver the necessary change, the Government must review its impact and toughen its penalties."

The new legal obligation would make it a criminal offence for a person to prevent or deter another person from reporting suspected abuse.

Campaign group Mandate Now said the committee had "recognised that the Government’s version of mandatory reporting is unlikely to have a tangible effect," further describing the current measure in the Bill as "useless."

A Home Office spokesperson said: "The introduction of mandatory reporting in England will mark a significant step in strengthening our child protection and safeguarding systems by creating a culture of openness and honesty rather than cover-ups and secrecy. It will also demonstrate to children and young people that if they come forward, they will be heard.

"We are also introducing a new criminal offence of obstructing an individual from making a report under that duty. This offence will be punishable by a custodial sentence of up to seven years."